Mid Term Examination, March 2017
B.A.LL.B. (HONS.)
Semester VI Alternative Dispute Resolution
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. In a proceeding between asserted the existence of an arbitration agreement and requested the Court to direct to go for arbitration. On being required to show proof of existence of an arbitration agreement, A could only show correspondence through e-mail between him and wherein claiming an arbitration agreement between them.
Referring to the above problem, comment, whether a valid arbitration agreement can be inferred? Support your answer with the relevant provisions of the Arbitration Conciliation Act, 1996 and case law, if any. (Marks 10)
2. The thrust of the Arbitration Conciliation Act, 1996 is to upheld arbitration over court proceeding. Elucidate the above statement referring to relevant section/s of the Act and decided cases. (Marks 10)
3. Write short notes on the following: (Marks 5×2=10)
a. Significance and scope of Lok Adalat
b. Mediation v. Arbitration